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Life in the 21st Century is very different to that of just 30 years ago. Marriage is less common, second or more relationships are increasingly common, some couples have s 21 agreements under the Property (Relationships) Act, family trusts are prevalent, and changes to the gifting rules mean individuals may have very little personal property.
All of these things and the implications they raise must be considered when advising clients on what should go in their will. It is equally important to ascertain that your client understands what you have been explaining to them. Poorly drafted wills create problems of their own (as with poor advice) and can raise issues of lawyer negligence.
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Life as we enter the 21st century is very different to that of just 30 years ago. Marriage tends to happen later in life and is often preceded by de facto relationships. Second and third marriages or de facto relationships are becoming increasingly more common. The use of s 21 Agreements under the Property (Relationships) Act 1976 (PRA) and family trusts are more prevalent, with the recent change to the gifting rules meaning many individuals may have very little personal property by the time they die. In addition, the population is rapidly ageing and immigration is changing the nature of the traditional client base.
All these factors and the implications they raise must be considered when advising clients on their wills. This paper is concerned with issues relating to advice on and the drafting of wills and how we, as lawyers deal with our clients.
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Trusts Conference 2011Publication Date: 09-Jun-2011Author(s): Kerry Ayers, Vanessa Bruton, Richard Burcher, Bruce Corkill QC, Sir Grant Hammond, Chris Kelly, Greg Kelly, Jeff Kenny, Dr Bede McIvor, Ian Millard QC, Tony Molloy QC, Juliet Moses, Jared Ormsby, Jessica Palmer, Bill Patterson, Professor Nicola Peart, Mary Joy Simpson, Ingrid Taylor, Stephen Tomlinson |
NZ $95.00 |
Public Trust
Wellington
Greg Kelly Ltd
Wellington